Appeal dismissed, with costs; no opinion.
Concur: Hiscock, Ch. J., Hogan, Cardozo, Pound, McLaughlin and Crane, JJ. Absent: Andrews, J.
Appeal — unanimous affirmance of order setting aside verdict and granting new trial —r appeal therefrom dismissed.
Naus v. Binghamton City Hospital, 199 App. Div. 948, appeal dismissed.
(Argued January 23, 1923;
decided February 2, 1923.)
Appeal from a judgment, entered December 23, 1921, upon an order of the Appellate Division of the Supreme Court in the third judicial department which unanimously affirmed an order of the court at a Trial Term setting aside a verdict in favor of plaintiff and granting a new trial.
Charles H. Burnett and U. C. Lyons for appellant.
Leon C. Rhodes, Corporation Counsel (Charles J. Mangan of counsel), for respondent.
Appeal dismissed, with costs; no opinion.
Concur: Hiscock, Ch. J., Hogan, Cardozo, Pound, McLaughlin and Crane, JJ. Absent: Andrews, J.
235 N.Y. 531
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